Spoken Royalty

The Site Where Poets Live

1. Your relationship with Spoken Royalty
1.1 Your use of the Spoken Royalty website (the “Website”) and any Spoken Royalty products, channels, software, data feeds and services is subject to the terms of a legal agreement between you and Spoken Royalty. “Spoken Royalty” means Spoken Royalty and Fuzsions LLC, whose principal place of business is at P.O. BOX 34665, Detroit, MI 48234, United States.

1.2 Your legal agreement with Spoken Royalty is made up of (A) the terms and conditions set out in this document and (B) Spoken Royalty’s Privacy Policy (https://www.spokenroyalty.com/privacy-policy) (collectively called the “Terms”).

1.3 The Terms form a legally binding agreement between you and Spoken Royalty in relation to your use of the Service. It is important that you take the time to read them carefully.

1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio and visual combinations, interactive features and other materials you may view on, access through or contribute to the Service.

2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.

2.2 You can accept the Terms by simply using the Service. You understand and agree that Spoken Royalty will treat your use of the Service as acceptance of the Terms from that point onwards.

2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Spoken Royalty, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.

3. Changes to the Terms
Spoken Royalty reserves the right to make changes to the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore, you must look at the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted at https://www.spokenroyalty.com  or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

4. Spoken Royalty accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a Spoken Royalty account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Spoken Royalty account password secure and confidential.

4.2 You must notify Spoken Royalty immediately of any breach of security or unauthorised use of your Spoken Royalty account that you become aware of.

4.3 You agree that you will be solely responsible (to Spoken Royalty, and to others) for all activity that occurs under your Spoken Royalty account.

5. General restrictions on use
5.1 Spoken Royalty hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

  1. you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without Spoken Royalty’s prior written authorisation;
  2. you agree not to alter or modify any part of the Website or any of the Service (including but not limited to its related technologies);
  3. you agree not to access Content through any technology or means other than the pages of the Website itself or such other means as Spoken Royalty may explicitly designate for this purpose;
  4. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
  5. you agree not to use the Service for any of the following commercial uses unless you obtain Spoken Royalty’s prior written approval:
    1. the sale of access to the Service;
    2. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
    3. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from Spoken Royalty appears on the same page and is of sufficient value to be the basis for such sales;
  6. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Spoken Royalty servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard web browser;
  7. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Spoken Royalty account names);
  8. you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trader in connection with a commercial enterprise;
  9. you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
  10. you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by Spoken Royalty via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
  11. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Spoken Royalty or the respective licensors of the Content.

5.2 You agree that you will comply with all other provisions of the Terms at all times during your use of the Service.

5.3 Spoken Royalty may grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Spoken Royalty reserves the right to revoke these exceptions either generally or in specific cases.

5.4 Spoken Royalty is constantly innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service in which Spoken Royalty provides may change from time to time without prior notice to you.

5.5 As part of this continuing innovation, you acknowledge and agree that Spoken Royalty may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Spoken Royalty’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Spoken Royalty when you stop using the Service.

5.6 You agree that you are solely responsible for and that Spoken Royalty has no responsibility to you or to any third party for any breach of your obligations under the Terms and for the consequences, including any loss or damage which Spoken Royalty may suffer of any such breach.

6. Copyright policy
6.1 As part of Spoken Royalty’s copyright policy, Spoken Royalty will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

7. Content
7.1 As a Spoken Royalty account holder you may submit Content. You understand that whether or not Content is published, Spoken Royalty does not guarantee any confidentiality with respect to Content.

7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Spoken Royalty and other users of the Service.

7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Spoken Royalty does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Spoken Royalty expressly disclaims any and all liability in connection with Content.

7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Spoken Royalty to use your Content for the purposes of the provision of the Service by Spoken Royalty, and otherwise to use your Content in the manner contemplated by the Service and these Terms.

7.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Spoken Royalty to use or possess in connection with the provision of the Service.

7.6 You agree that the Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Spoken Royalty the licence referred to in paragraph 8.1 below.

7.7 On becoming aware of any potential violation of these Terms, Spoken Royalty reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

7.8 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Spoken Royalty with respect to any such Content.

8. Rights you licence
8.1 When you upload or post Content to Spoken Royalty, you grant:

to Spoken Royalty, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Spoken Royalty’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;

to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.

8.2 The above licenses granted by you in Content terminates when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.

9. Spoken Royalty content on the Website
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Spoken Royalty, and is subject to copyright, trade mark rights, and other intellectual property rights of Spoken Royalty or Spoken Royalty’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Spoken Royalty or, where applicable, Spoken Royalty’s licensors. Spoken Royalty and its licensors reserve all rights not expressly granted in and to their Content.

10. Links from Spoken Royalty
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by Spoken Royalty. Spoken Royalty has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

10.2 You acknowledge and agree that Spoken Royalty is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

10.3 You acknowledge and agree that Spoken Royalty is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

10.4 Spoken Royalty encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

11. About advertisements and other commercial content delivered or enhanced by Spoken Royalty
11.1 Spoken Royalty serves ads and other commercial or sponsored content, advantageously for users and advertisers. To help Spoken Royalty achieve this objective, you agree to the following conditions:

  1. You authorize Spoken Royalty to use your name, profile photo, content and information as part of commercial, sponsored or associated content (such as a brand you like) that we distribute or enhance without paying any compensation. If you have selected a particular audience for your content or information, we will respect your choice when using it.
  2. Spoken Royalty will not pass your content or your information to advertisers without your consent.
  3. You agree that Spoken Royalty cannot always identify paid communications and services as such.

12. Spoken Royalty use of Cookies
12.1 You agree that Spoken Royalty may place cookies on your computer, phone, other device and receive information stored in cookies when you use or view:

  1. Spoke Royalty website;
  2. Spoke Royalty services offered by affiliates of Spoke Royalty; and
  3. Services offered by other companies that use Spoke Royalty.

13. Spoken Royalty use of Data
13.1 You agree and acknowledge that Spoken Royalty can collect the content and other types of information you provide when using Spoken Royalty’s Services, including when you create an account, create or share content, or when you communicate with others. This may include information about the content you share. Spoken Royalty also collect’s information about how you use its Services, such as the types of content you view or interact with, and the frequency and duration of your activities.

14. Ending your relationship with Spoken Royalty
14.1 The Terms will continue to apply until terminated by either you or Spoken Royalty as set out below.

14.2 If you want to terminate your legal agreement with Spoken Royalty, you may do so by (a) notifying Spoken Royalty at any time and (b) closing your Spoken Royalty account. Your notice should be sent, in writing, to Spoken Royalty’s address which is set out at the beginning of these Terms.

14.3 Spoken Royalty may at any time terminate its legal agreement with you if:

  1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  2. Spoken Royalty is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

14.4 Spoken Royalty may terminate its legal agreement with you if:

  1. Spoken Royalty is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or the provision of the Service to you by Spoken Royalty is, in Spoken Royalty’s opinion, no longer commercially viable; and in the case of each of A and B of this clause 14.4 shall, where possible, give reasonable notice of such termination
  2. Engage in Prohibited Uses including but not limited to:
    1. harass, abuse, stalk, threaten, defame, otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights) or otherwise disrupt the Spoken Royalty’s peace environment;
    2. engage is unlawful, fraudulent, or deceptive conduct;
    3. use technology or other means to access unauthorized content or non-public spaces;
    4. use or launch any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
    5. attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    6. attempt to damage, disable, overburden, or impair Spoken Royalty’s servers or networks;
    7. attempt to gain unauthorized access to a Spoken Royalty computer network;
    8. attempt to gain unauthorized access to Spoken Royalty’s user accounts;
    9. encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
    10. violates these Terms in any manner; or
    11. fails to comply with applicable third-party terms and conditions or other third-party policies.

14.5 When these Terms come to an end, all legal rights, obligations and liabilities that you and Spoken Royalty have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

15. Exclusion of Warranties
15.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

15.2 The Service is provided “as is” and Spoken Royalty makes no warranty or representation to you with respect to them.

15.3 In particular, Spoken Royalty does not represent or warrant to you that:

  1. your use of the Service will meet your requirements,
  2. your use of the Service will be uninterrupted, timely, secure or free from error,
  3. any information obtained by you as a result of your use of the Service will be accurate or reliable, and
  4. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.

15.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.

16. Limitation of Liability
16.1 Nothing in these Terms shall exclude or limit Spoken Royalty’s liability for losses which may not be lawfully excluded or limited by applicable law.

16.2 Subject to the overall provision in paragraph 16.1 above Spoken Royalty shall not be liable to you for:

  1. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
  2. any loss or damage which may be incurred by you as a result of:
    1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
    2. any changes which Spoken Royalty may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
    3. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
    4. your failure to provide Spoken Royalty with accurate account information;
    5. your failure to keep your password or Spoken Royalty account details secure and confidential.

16.3 The limitations on Spoken Royalty’s liability to you in paragraph 16.2 above shall apply whether or not Spoken Royalty has been advised of or should have been aware of the possibility of any such losses arising.

17. General legal terms
17.1 The Terms constitute the entire legal agreement between you and Spoken Royalty and govern your use of the Service and completely replace any prior agreements between you and Spoken Royalty in relation to the Service.

17.2 You agree that Spoken Royalty may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

17.3 You agree that if Spoken Royalty does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Spoken Royalty has the benefit of under any applicable law), this will not be taken to be a formal waiver of Spoken Royalty’s rights and that those rights or remedies will still be available to Spoken Royalty.

17.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

17.5 You agree that any amendment or waiver of this Declaration must be in writing and signed by Spoken Royalty.

17.6 You agree that Spoken Royalty reserves all rights that are not explicitly granted to you.

17.7 You agree that all of Spoken Royalty’s rights and obligations under the Terms are freely transferable by Spoken Royalty in connection with a merger, acquisition, sale of our assets, application by the courts or otherwise.

17.8 The Terms, and your relationship with Spoken Royalty under the Terms, shall be governed by Michigan law. Notwithstanding this, you agree that Spoken Royalty shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

18. Dispute Resolution
18.1 You agree to give up any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to Court, such as access to discovery, also may be unavailable or limited in arbitration.

18.2 Any dispute between you and Spoken Royalty and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Spoken Royalty”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in Michigan administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-day’s advanced written notice of its intent to file for arbitration. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.

18.3 Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.  If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Spoken Royalty will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you.  If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Spoken Royalty for all fees associated with the arbitration that Spoken Royalty paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

18.4 The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Spoken Royalty and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. You are not entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.  If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

18.5 Indemnification

  1. You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Spoken Royalty’s request), indemnify and hold Spoken Royalty harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Spoken Royalty in the defense of any claim. Spoken Royalty reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Spoken Royalty.